{"id":"nsw:epi-2013-0014","name":"Tweed City Centre Local Environmental Plan 2012","slug":"tweed-city-centre-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"14 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181253,"registerId":"nsw-nsw:epi-2013-0014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Tweed City Centre Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0014).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Residential Zones\n> \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> \n> > Waterway Zones\n> \n> > W2 Recreational Waterways\n> > \n> > W3 Working Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (831), Sch 1.23\\[1\\] \\[2\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2017 (493), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2021 (714), Sch 10.19; 2022 (314), Sch 1; 2022 (831), Sch 1.23\\[3\\]; 2024 (42), Sch 1.47\\[1\\].\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation\n\nZone W2 Recreational Waterways\n\nZone W3 Working Waterways\n\nZone W4 Working Waterfront","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Dwelling houses; Group homes; Home industries; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Roads; Tank-based aquaculture; Any other development not specified in item 2 or 4","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Hostels; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Local distribution premises; Marinas; Moorings; Mortuaries; Passenger transport facilities; Public administration buildings; Registered clubs; Research stations; Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Shop top housing; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Wharf or boating facilities; Wholesale supplies","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":79},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":83},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":91},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/tweed-city-centre-local-environmental-plan-2012) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note 1.\n> \n> When this Plan was made no land in the zones listed in the Table to subclause (2) was included on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/tweed-city-centre-local-environmental-plan-2012).\n> \n> Note 2.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).","sortOrder":92},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":118},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/tweed-city-centre-local-environmental-plan-2012) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":119},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n(When this Plan was made this Schedule was blank)","sortOrder":129},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2022 (831), Sch 1.23\\[13\\] \\[14\\]; 2024 (42), Sch 1.47\\[3\\].","sortOrder":130},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Graves and monuments that are not heritage items","content":"#### sch.2-sec Graves and monuments that are not heritage items\n\nGraves and monuments that are not heritage items\n\n> > (1) Must only be—\n> > \n> > > (a) the creation of a grave or monument in an existing approved cemetery or burial ground, or\n> > \n> > > (b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker in an existing approved cemetery or burial ground.\n> \n> > (2) Must not disturb human remains, relics in the form of grave goods or a place of Aboriginal heritage significance.","sortOrder":131},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Lighting (external)","content":"#### sch.2-sec-oc.2 Lighting (external)\n\nLighting (external)\n\n> > (1) Must not be for the lighting of a tennis court or sports field.\n> \n> > (2) Must not cause glare to an adjoining property or street.","sortOrder":132},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signs, advertising structures and displays","content":"#### sch.2-sec-oc.3 Signs, advertising structures and displays\n\nSigns, advertising structures and displays\n\n> > (1) An advertising structure and the display of an advertisement on it, or the display of an advertisement that is not affixed to an advertising structure, being a sign that displays an advertisement that relates to the premises on which it is situated, must comply with the following—\n> > \n> > > (a) must not cover mechanical ventilation inlet or outlet vents,\n> > \n> > > (b) must relate to a lawful use of, and carried out on, the land,\n> > \n> > > (c) if it has red, amber, green or blue lighting, must not be erected near traffic control signals.\n> \n> > (2) Business identification signs in a residential or conservation zone must comply with the following—\n> > \n> > > (a) maximum size—1m2 in a residential zone and 1.5m2 in a conservation zone,\n> > \n> > > (b) must not be illuminated,\n> > \n> > > (c) only 1 sign per premises,\n> > \n> > > (d) must be located wholly within property boundaries of the land to which the sign relates, or be flush mounted to the front fence or front wall of a building so long as the sign does not protrude beyond the physical limits of that fence or building.\n> \n> > (3) Business identification signs in business zones—only 1 sign per premises from the following list that complies with the requirements for the sign—\n> > \n> > > (a) suspended under awning sign—\n> > > \n> > > > (i) maximum length—2.5m, and\n> > > \n> > > > (ii) maximum size—1.5m2, and\n> > > \n> > > > (iii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iv) if over a public road, at least 2.6m above the ground or pavement level and at least 0.6m from the vertical projection of the kerb or roadway line,\n> > \n> > > (b) vertical or horizontal projecting wall sign—\n> > > \n> > > > (i) maximum size—2.5m2, and\n> > > \n> > > > (ii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iii) if over a public road, must be suspended at a height not less than 2.6m above the ground or pavement level and at least 0.6m from the vertical projection of the kerb or roadway line,\n> > \n> > > (c) flush wall sign—\n> > > \n> > > > (i) maximum size—2.5m2, and\n> > > \n> > > > (ii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iii) must not project above the top of the wall to which it is attached,\n> > \n> > > (d) top hamper sign—\n> > > \n> > > > (i) maximum size—2.5m2, and\n> > > \n> > > > (ii) must be securely fixed by rigid metal supports, and\n> > > \n> > > > (iii) must not extend below the level of the head of the doorway or window above which it is attached, and\n> > > \n> > > > (iv) must not be more than 3.7m above ground level (existing),\n> > \n> > > (e) signs on building walls—\n> > > \n> > > > (i) maximum height—3m above ground level (existing) on front and side walls, and\n> > > \n> > > > (ii) maximum display area—50% of the area of the wall.\n> \n> > (4) Business identification signs in industrial zones must comply with the following—\n> > \n> > > (a) maximum size—1m2 per metre of frontage to a maximum of 10m2,\n> > \n> > > (b) must be securely fixed by rigid metal supports.\n> \n> > (5) Real estate signs advertising that the premises on which they are displayed are for sale or lease must comply with the following—\n> > \n> > > (a) maximum size in residential zones—3m2,\n> > \n> > > (b) maximum size in business or industrial zones—4m2,\n> > \n> > > (c) maximum 2 signs per premises,\n> > \n> > > (d) must be located wholly within the property boundaries of the land to which the sign relates, or if on the footpath, be flush against the property boundary,\n> > \n> > > (e) must not be displayed for more than 7 days after the commencement of the letting or settlement for the sale of the property is completed.\n> \n> > (6) Building identification signs must comply with the following—\n> > \n> > > (a) maximum size—1m2 in a residential zone or 1.5m2 in all other zones,\n> > \n> > > (b) maximum height—1.8m in a residential or conservation zone,\n> > \n> > > (c) must not be illuminated in a residential or conservation zone,\n> > \n> > > (d) must be located wholly within the property boundaries of the land to which the sign relates, or flush mounted to the front fence or front wall of a building so long as the sign does not protrude beyond the physical limits of that fence or building,\n> > \n> > > (e) only 1 sign per premises.\n> \n> > (7) Temporary signs must comply with the following—\n> > \n> > > (a) must only announce a local event of a religious, educational, cultural, social or recreational character or relate to a temporary matter in connection with the event,\n> > \n> > > (b) must not include advertising of a commercial nature (except for the name of the event’s sponsor),\n> > \n> > > (c) must not be displayed earlier than 14 days before the day on which the event is to take place or commence and must be removed within 7 days after the completion of the event,\n> > \n> > > (d) must not be a fly poster taped to poles, hoardings or buildings.","sortOrder":133},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Wind monitoring towers","content":"#### sch.2-sec-oc.4 Wind monitoring towers\n\nWind monitoring towers\n\n> > (1) Must be a temporary structure that is removed within 30 months of being erected.\n> \n> > (2) Maximum height—110m.\n> \n> > (3) Must not be erected within 1km of a school.\n> \n> > (4) Must not be erected within 1km of a dwelling (except with the prior consent in writing of the owner of the dwelling).\n> \n> > (5) Must not be erected within 100m of a public road.\n> \n> > (6) Must not be erected within 1km of another wind monitoring tower.\n> \n> > (7) Must not be erected within 500m of an item of environmental heritage that is listed on the State Heritage Register under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n> \n> > (8) Must be erected in accordance with manufacturer’s specifications.\n> \n> > (9) The site must be enclosed by a fence that prevents unauthorised persons from entering the site.","sortOrder":134},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":135},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Hit-up walls","content":"#### sch.3-sec Hit-up walls\n\nHit-up walls\n\n> > (1) Must be on a lot on which a dwelling house is erected.\n> \n> > (2) Must only be for private use.\n> \n> > (3) Must be set back at least 2m from each property boundary.\n> \n> > (4) Must be located behind the building line.\n> \n> > (5) Maximum height—3m above ground level (existing).\n> \n> > (6) Maximum length—7m.\n> \n> > (7) Must not be illuminated.\n> \n> > (8) Paved area associated with the wall must be constructed so that it drains directly into the existing on-site stormwater drainage system.\n> \n> > (9) Perimeter netting must be installed in accordance with the manufacturer’s specifications.\n> \n> > (10) The window of any habitable room of a dwelling house, a clothes drying area or designated barbecue, playground or primary recreation area including a swimming pool located on adjoining land must not be in the shadow of the development between 10.00 am and 3.00 pm on 21 June.","sortOrder":137},{"sectionNumber":"sch.3-pt.2-div","sectionType":"division","heading":null,"content":"## sch.3-pt.2-div","sortOrder":139},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":140},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)","sortOrder":141},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n(When this Plan was made this Schedule was blank)","sortOrder":145},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":146},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":148},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":150},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":158},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":159},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":161},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":162},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":163}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original making the Plan has accumulated significant targeted additions and state-driven updates that extend its operational detail beyond basic zoning. Notable scope expansions include: (a) a formal \"design excellence\" regime that creates competitive design processes and a quantifiable development bonus (cl. 6.10); (b) inclusion of modern flood-planning and climate-change‑aware decision criteria and references to recent NSW flood guidance manuals (cl. 5.21–5.22); (c) more detailed terrestrial biodiversity and mapped ‘Bushland’ protections (cl. 6.4); (d) the power to suspend private covenants in certain circumstances to enable Plan‑consistent development (cl. 1.9A); and (e) additional nuanced FSR and height calculations and site-area rules (cl. 4.4; cl. 4.5). These amendments and added technical controls move the instrument from a straightforward zoning/land-use plan toward a more interventionist and prescriptive local planning instrument with significant procedural and technical layers. The core purpose (local land-use regulation) remains, but the practical regulatory scope and the range of specialist assessments and inter-agency checks required of applicants and the consent authority have grown."},"complexity_factors":["Multiple zone types (12 zones) with distinct objectives and separate permitted/prohibited use lists (Land Use Table).","Extensive use of external maps: Land Zoning Map, Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Bushland Map, Acid Sulfate Soils Map, Key Sites Map, Land Reservation Acquisition Map, Heritage Map, and others (cl. 1.3; cl. 1.7; cl. 4.3; cl. 4.4; cl. 4.5; cl. 6.1; cl. 6.4; cl. 6.10).","Six Schedules with detailed technical and exempt/compliant development lists and operational requirements (Schedules 1–6).","Complex FSR rules including site-area calculation rules, multi-term formulae and size-dependent FSR adjustments for specific zones and mixed-use residential component calculations (cl. 4.4; cl. 4.5).","Numerous cross-references to State Environmental Planning Policies and other Acts (Heritage Act, Local Government Act, Crown Land Management Act, Fisheries/Aquaculture legislation), increasing interpretive dependencies (cl. 1.9; cl. 5.10; cl. 5.12; cl. 5.19).","Exceptions and discretionary clauses: exceptions to development standards (cl. 4.6) with evidentiary tests and record-keeping requirements, and many subject-to-satisfaction tests for consent authorities (e.g. cl. 6.4; cl. 6.8; cl. 5.21).","Design excellence regime that layers competitive design process rules, design review panels, thresholds by cost and height, and a 10% development bonus tied to winning competitions (cl. 6.10).","A mix of adopted, not-adopted and repealed clauses increases interpretive complexity (multiple notes like \"Not adopted\", \"Repealed\").","Local technical controls (acid sulfate soils, biodiversity, flood risk, airspace consultation) that require specialist reports or inter-agency consultation (cl. 6.1; cl. 6.4; cl. 5.21; cl. 6.9).","Specific numeric limits and staged permissions in exempt/compliant development schedules (e.g. sign sizes, wind tower setbacks and temporary durations) that create many small rules to check (Schedule 2; Schedule 3)."],"plain_english_summary":"**What this Plan does (mechanics)\n\n- Sets the local land-use rules (zoning, permitted uses, prohibitions and development controls) for the land identified on the Plan’s maps for the Tweed City Centre (see Land Zoning Map and related maps) (cl. 1.3; cl. 2.2; Land Use Table).\n- Names the consent authority as the Council, so the Council decides most development applications subject to the Act (cl. 1.6).\n- Replaces earlier local environmental plans for the same land (cl. 1.8) and applies from publication on the NSW legislation website (cl. 1.1AA).\n- Divides the area into zones (R2, R3, E1, E2, MU1, SP1, RE1, RE2, C2, W2, W3, W4) and for each zone sets: objectives; what can be done without consent; what requires consent; and what is prohibited (cl. 2.1; cl. 2.3; Land Use Table).\n- Controls key development standards: maximum building height (cl. 4.3; Height of Buildings Map), floor space ratio (FSR) and how FSR is calculated (cl. 4.4; cl. 4.5; Floor Space Ratio Map), minimum lot sizes for subdivisions (cl. 4.1; Lot Size Map), and specific local rules (Part 6).\n- Identifies types of exempt development (can proceed without development consent) and complying development (can be approved via a complying development certificate) and sets the conditions for those (cl. 3.1; cl. 3.2; Schedule 2; Schedule 3).\n- Adds local provisions on matters such as heritage (consent required for works affecting heritage items; notification and assessment requirements) (cl. 5.10), acid sulfate soils (consent and management plan requirements) (cl. 6.1), terrestrial biodiversity (special rules for mapped ‘Bushland’) (cl. 6.4), flood planning and special flood considerations (cl. 5.21–5.22), and design excellence (including design competitions, possible 10% bonus to FSR/height for winning designs) (cl. 6.10).\n- Contains administrative rules about maps (how they are adopted and maintained) (cl. 1.7) and provides for limited suspension of private covenants to enable development under the Plan (with specified exceptions) (cl. 1.9A).\n\n**Who is affected\n\n- Landowners and developers within the mapped Tweed City Centre: their permitted uses, building heights, density (FSR), and subdivision options are directly controlled (cl. 2.2; cl. 4.3; cl. 4.4; cl. 2.6).\n- Prospective business operators: the Land Use Table defines which commercial or community uses are allowed or prohibited and which require Council consent (cl. 2.3; Land Use Table).\n- Residents and neighbours: development approvals, exemptions and complying development rules affect amenity, heritage protection, biodiversity and flood risk management (cl. 3.1; cl. 5.10; cl. 6.4; cl. 5.21).\n- The Council (consent authority): charged with deciding applications, imposing conditions, maintaining maps and sometimes convening design review panels (cl. 1.6; cl. 1.7; cl. 6.10).\n- State and Commonwealth agencies in particular circumstances: some State environmental planning policies prevail over this Plan (cl. 1.9), the Heritage Council must be notified for some archaeological/heritage matters (cl. 5.10), and the consent authority must consult a relevant Commonwealth body for development affecting the Gold Coast Airport airspace (cl. 6.9).\n\n**Why it matters (official purpose and practical implications)\n\n- Officially the Plan aims to provide local planning rules that guide development, protect environmental and heritage values, promote employment and cultural activity, and encourage design excellence (cl. 1.2).\n- Practically, it translates those aims into concrete constraints and opportunities: zoning restricts which uses can operate where; height and FSR caps limit scale and density; exempt/complying development schedules streamline low‑impact work; heritage and biodiversity clauses create additional assessment steps and potential conditions.\n\n**Who pays, who decides, and what behaviour changes\n\n- Who pays: developers and landowners bear most direct costs — application fees, professional studies (heritage reports, flood and biodiversity assessments, acid sulfate soils management plans where required (cl. 6.1; cl. 5.10; cl. 6.4)), compliance costs for conditions, and possible design competition costs for larger projects (cl. 6.10).\n- Who decides: the Council is the primary decision-maker for consents (cl. 1.6), but the Council must consult or notify other bodies in set cases (Heritage Council, relevant Commonwealth body, design review panel advice) (cl. 5.10; cl. 6.9; cl. 6.10).\n- Behaviour changes incentivised: the Plan encourages active ground-floor commercial uses in E2/MU1 (cl. 6.8), protects bushland and heritage through added hurdles for damaging works (cl. 6.4; cl. 5.10), discourages canal estates (cl. 2.9), and incentivises high-quality design by permitting modest bonuses in FSR/height where a competitive design process is won (cl. 6.10).\n\n**Costs, trade-offs and risks to watch (implementation and incentives)\n\n- Compliance burden: multiple technical assessments (heritage, biodiversity, flood, acid sulfate soils) increase application time and cost for developers (cl. 5.10; cl. 6.4; cl. 5.21; cl. 6.1).\n- Discretion and uncertainty: clauses that allow exceptions to development standards (cl. 4.6) or require the consent authority to be \"satisfied\" on various matters create scope for case-by-case judgments and variable outcomes.\n- Concentrated benefits vs diffuse costs: design-excellent projects may gain a 10% bonus in height/FSR (cl. 6.10), benefiting developers who can afford competitions; wider community bears any associated amenity impacts unless conditions mitigate them.\n- Interaction with state and Commonwealth instruments: some SEPPs override parts of the Plan (cl. 1.9), and consultations (airspace/heritage) can add delay or require modification (cl. 6.9; cl. 5.10).\n- Mapping and amendment risk: the Plan relies heavily on maps (zoning, FSR, height, lot size, bushland, acid sulfate soils, key sites). Errors or later map amendments materially change what landowners can do (cl. 1.7; cl. 2.2; cl. 4.3; cl. 4.4; cl. 6.4; cl. 6.1).\n\n**Key specific mechanics to note (section references)\n\n- Consent authority: Council (cl. 1.6).\n- Zones and Land Use Table prescribe permitted/prohibited uses (cl. 2.1; cl. 2.3; Land Use Table).\n- Height and FSR caps set by maps; special FSR calculations and site-area rules apply (cl. 4.3; cl. 4.4; cl. 4.5).\n- Exempt and complying development detailed in Schedule 2 and Schedule 3 and limited by environment/heritage exclusions (cl. 3.1; cl. 3.3; Schedules 2–3).\n- Design excellence: requirement to demonstrate design excellence; competitive design processes for some larger or taller projects; possible 10% bonus to FSR/height for competition winners (cl. 6.10).\n- Flood planning and special flood considerations require compatibility with flood behaviour and climate change considerations (cl. 5.21–5.22).\n- Suspension of private covenants is possible to the extent necessary to enable development under the Plan, but with explicit exceptions (cl. 1.9A).\n\nThis summary focuses on how the Plan works and what it requires, with references to the main clauses cited above."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the core purpose — controlling land use and development in the Tweed City Centre — has remained constant, the extensive amendment history (40+ amendments over 12+ years) strongly suggests the plan's detailed scope has evolved considerably from its original 2013 form. Amendments to LEPs of this type commonly reflect rezoning of specific parcels, changes to permitted land uses, updates to height and density limits, and incorporation of new state-level planning policies. The plan has clearly been adapted incrementally to reflect changing community, economic, and government priorities over time."},"complexity_factors":["This is a standard instrument LEP (Local Environmental Plan), which follows a NSW-wide template but is applied locally — understanding it requires familiarity with both the template and local-specific additions","It operates under the Environmental Planning and Assessment Act 1979, a complex parent Act with its own extensive rules","Land use zoning tables can be highly technical, with permitted, permissible-with-consent, and prohibited uses requiring careful cross-referencing","Over 40 amendments since 2013 mean the current version is the product of many overlapping changes — what applied at any given point in time may differ significantly from today's version","Height, floor space ratio, and other development standards are set by accompanying maps that must be read alongside the text","Some provisions only apply to specific land parcels identified on maps, requiring site-specific investigation","Interactions with other planning instruments (state environmental planning policies, development control plans) add additional layers that aren't visible in this document alone"],"plain_english_summary":"The Tweed City Centre Local Environmental Plan 2012 is the statutory rulebook that controls land use and development in Tweed City Centre (northern NSW). It zones land, sets building standards (height, floor space), regulates what needs approval, and protects heritage and sensitive areas.\n\nIt affects property owners, developers, businesses, residents and the Council’s planning decisions — determining whether, how and under what conditions development can proceed; breaching it can lead to fines or removal of works."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2851},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose as a local environmental plan governing land use, development standards, and environmental management in Tweed City Centre. It contains standard provisions for a regional city centre (zoning, height controls, design excellence, heritage protection) without significant expansion beyond typical planning instrument scope."},"complexity_factors":["Mathematical formulas for calculating maximum floor space ratios in Commercial Centre and Mixed Use zones, including algebraic variables based on site area (e.g., '2.25 + Z:1' where Z represents a proportion of site area over 1,000m²) (clause 4.4).","Additional layered formulas for calculating floor space for residential components (shop-top housing) within mixed-use buildings, requiring percentage calculations of non-residential floor space (clause 4.4(2C)).","Nested exception structures, such as clause 4.6 allowing exceptions to development standards, but subclause 4.6(8) explicitly excluding certain standards (including BASIX energy efficiency requirements) from that flexibility.","Extensive cross-referencing to external legislation including State Environmental Planning Policies (SEPPs), the Heritage Act 1977, Fisheries Management Act 1994, and the Crown Land Management Act 2016.","Twelve distinct land use zones, each with detailed tables specifying permitted, prohibited, and consent-required uses.","Multiple statutory maps integral to operation (Land Zoning, Height of Buildings, Floor Space Ratio, Acid Sulfate Soils, Bushland, Key Sites) which must be read alongside the text.","Technical operational requirements for specialised uses such as pond-based aquaculture, including drainage specifications and species selection criteria (Schedule 6).","Dual consent pathways (exempt, complying, and standard development consent) with specific qualifying criteria and exclusions for environmentally sensitive areas."],"plain_english_summary":"**What is this?**\n\nThis is the main planning rulebook for Tweed City Centre (covering the commercial and residential heart of Tweed Heads and surrounding areas). It is a legal document that sits under NSW planning law and decides what can be built, where, and how.\n\n**Who does it affect?**\n\nAnyone who wants to build, renovate, subdivide land, or change how a property is used within the city centre. It also guides the local Council (Tweed Shire) when assessing building proposals.\n\n**What does it actually do?**\n\n*   **Divides land into zones**: It categories areas as Low Density Residential (mostly houses), Medium Density Residential (townhouses/units), Local Centre (neighbourhood shops), Commercial Centre (main business district), Mixed Use, and others. Each zone has a table showing which activities are allowed without approval, which need Council approval, and which are banned.\n\n*   **Controls building size and bulk**: It limits how tall buildings can be (using maps) and how dense they can be using \"floor space ratio\" rules (a calculation comparing the size of the building to the size of the land). For larger commercial sites, this involves complex mathematical formulas that give bonuses for bigger land holdings.\n\n*   **Demands quality design**: For significant developments, it requires a \"competitive design process\" (essentially a design competition) and mandates \"design excellence.\" In the main commercial streets, it forces ground-floor shops or active businesses to create lively street frontages rather than blank walls.\n\n*   **Protects the airport**: It includes strict height controls to ensure buildings do not interfere with flight paths for the nearby Gold Coast Airport.\n\n*   **Protects the environment**: It contains specific rules for building in flood-prone areas, protecting native vegetation (\"bushland\"), managing acid sulfate soils (disturbed soils that can create sulfuric acid), and conserving heritage items.\n\n*   **Fast-tracks simple projects**: It lists small, low-impact projects (like certain signs, external lighting, or home businesses) that can proceed without any approval, and others that qualify for a faster \"complying development\" approval process."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/tweed-city-centre-local-environmental-plan-2012","history":"/api/acts/tweed-city-centre-local-environmental-plan-2012/history","analysis":"/api/acts/tweed-city-centre-local-environmental-plan-2012/analysis","conflicts":"/api/acts/tweed-city-centre-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/tweed-city-centre-local-environmental-plan-2012/important-cases","documents":"/api/acts/tweed-city-centre-local-environmental-plan-2012/documents"}}